Opinion

State v. Brown

  • 338 Or. App. 246
Court
Court of Appeals of Oregon
Filed
Feb 26, 2025
Status
Unpublished
On the bench
Egan
Cited by
1 cases
Authority
More cited than 54.1%

The opinion

246 February 26, 2025 No. 155

This is a nonprecedential memorandum opinion

pursuant to ORAP 10.30 and may not be cited

except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE

STATE OF OREGON

STATE OF OREGON,

Plaintiff-Respondent,

v.

SHAKEYA ANITA MARIE BROWN,

Defendant-Appellant.

Marion County Circuit Court

22CR58470; A183060

Jodie A. Bureta, Judge.

Submitted January 10, 2025.

Ernest G. Lannet, Chief Defender, Criminal Appellate

Section, and Carla E. Edmondson, Deputy Public Defender,

Oregon Public Defense Commission, filed the brief for

appellant.

Jennifer S. Lloyd, Assistant Attorney General, waived

appearance for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

EGAN, J.

Affirmed.

Nonprecedential Memo Op: 338 Or App 246 (2025) 247

EGAN, J.

Defendant appeals a judgment of conviction entered

after a conditional plea of guilty to one count of fleeing or

attempting to elude a police officer, ORS 811.540. Her

appointed counsel filed a brief pursuant to ORAP 5.90

and State v. Balfour, 311 Or 434, 814 P2d 1069 (1991). The

brief does not contain a Section B. See ORAP 5.90(1)(b). We

affirm.1

The state charged defendant with fleeing or attempt-

ing to elude a police officer because she drove away after a

traffic stop. Defendant moved to suppress evidence of her

“conduct in response to an unlawful seizure and extension

of a traffic stop.” The trial court denied the motion determin-

ing that a trooper had probable cause to stop defendant, and

that the trooper’s conduct during the stop was subjectively

and objectively reasonable. Defendant entered a conditional

plea of guilty, and the trial court sentenced defendant to a

stipulated sentence of 18 months of bench probation.

Having reviewed the record, including the trial

court file, the transcript of the hearings, and the Balfour

brief, and taking into account our statutorily circumscribed

authority to review, see ORS 138.105(9), we have identified

no arguably meritorious issues.

Affirmed.

1

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge

panel. See, e.g., State v. Yother, 310 Or App 563, 484 P3d 1098 (2021) (deciding

matter submitted through Balfour process by two-judge panel); Ballinger v.

Nooth, 254 Or App 402, 295 P3d 115 (2012), rev den, 353 Or 747 (2013) (same).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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